Which factor does not establish a presumption of capacity in a will contest?

The factor that does not establish a presumption of capacity in a will contest is that the will was drafted without a lawyer. In order to confirm a testator's capacity at the time of executing a will, the focus is primarily on whether the individual was of sound mind and capable of understanding the nature of the act they were undertaking, as well as their property disposition.

The presence of legal counsel can impact the validity and enforceability of a will, but the absence of a lawyer does not inherently indicate that the testator lacked capacity. Instead, capacity is determined based on the individual's mental state and understanding of their actions during the will's execution. Factors such as the testator's understanding of their property and how it is to be distributed (which reflects their intention) or the execution of the will by someone deemed to be of sound mind contribute positively to establishing capacity. However, having a lawyer draft the will is not a requirement for establishing that capacity.